I see two cases that are on the docket before Calypso's 15aug date that are not going to make the trial date and possibly two more that may not make it from what it appears in the case files. You can't just look at the docket to see which ones are still open at this point, you have to look at the images to see what is actually happening with the cases. By the time Calypso's case is ready there may be others that settle out prior to the trial date. As the trial date approaches these attorneys jockey to keep from having to go to trial. Most of them probably don't want to go to trial, but they'll wait until the last minute to settle things if they can. In Calypso's case that will only occur if the Daic parties believe they will be better off settling and since there is no insurance company involved, they will probably take it to the limit. Let's figure Calypso's case doesn't get any worse by waiting until the last minute. The case is what it is at this moment, Calypso isn't going to do any more discovery etc. The Daic parties case could get much worse as the trial date approaches given the fact that all of their witnesses could be excluded and they might be left with no filings to support their case, except the initial filing. So if Markle is correct, I have an opinion about what might happen, but it involves strategy and I don't believe in giving the other side any ideas, so I won't go there.
AI
